Newport Beach — 2023-02-14

IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room\nA. CONFERENCE WITH LABOR NEGOTIATORS\n(Government Code § 54957.6): 2 matters\n1. Agency Designated Representatives: Grace K. Leung, City Manager,\nBarbara Salvini, Human Resources Director, and Charles Sakai, Esq.\nEmployee Organizations and Unrepresented Employees: Association of\nNewport Beach Ocean Lifeguards (ANBOL); Newport Beach Employee League\n(NBEL); Newport Beach Lifeguard Management Association (NBLMA); Newport\nBeach City Employees Association (NBCEA); Newport Beach Firefighters\nAssociation (NBFA); Newport Beach Fire Management Association (NBFMA);\nNewport Beach Police Association (NBPA); Newport Beach Police Management\nAssociation (NBPMA); Part Time Employees Association of Newport Beach\n(PTEANB); Newport Beach Professional and Technical Employee Association\n(NBPTEA), and unrepresented employees not in positions designated as Key and\nManagement.\nFebruary 14, 2023\n2. Agency Designated Representatives: Noah Blom, Mayor, and William O’Neill,\nMayor Pro Tem.\nUnrepresented Employees: Unrepresented employees in positions\ndesignated as Key and Management. Negotiations with the City Council Appointees\n(including the City Manager, City Attorney, and City Clerk) will not be considered as\npart of this agenda item.

10. Lower Bay Dredging: Memorandum of Agreement with the US Army Corps\nof Engineers for City Contributed Funds to Dredge Non-Federal Channels\na) Find that the approval of MOA-2 with USACE is covered by the Final EIR No.\nER2021-001 (SCH No. 2109110340) in accordance with the California\nEnvironmental Quality Act (CEQA), and the Environmental Assessment (EA) and\nFinding of No Significant Impact (FONSI) prepared by USACE in accordance with\nthe National Environmental Protection Act (NEPA), and that approval of the MOA-2\nwith USACE will not result in new or additional significant effects on the environment;\nb) Authorize the Mayor to execute MOA-2 with USACE relating to Additional\nDredging in connection with the Lower Newport Bay dredging project; and\nc) Authorize the City Manager to execute any future agreements concerning the\nexecution of the Lower Bay Dredging and Confined Aquatic Disposal Construction\nProject.\nStaff Report\nAttachment A - Memorandum of Agreement

11. Approval of Purchase Order for Procurement of Print Materials\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Authorize the City Manager to approve a purchase order for the Library to order\nprint materials through Brodart over the current and next three fiscal years, not to\nexceed $300,000 annually, for a total not-to-exceed amount of $1,200,000.\nStaff Report\nMISCELLANEOUS

12. Confirmation of Citizen Appointments to the Finance Committee\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Confirm Council Member Brad Avery’s appointment of Nancy Scarbrough,\nCouncil Member Robyn Grant’s appointment of Keith Curry, and Council Member\nLauren Kleiman’s appointment of Allen Cashion to serve on the Finance Committee\nuntil\nJune 30, 2023.\nStaff Report\nAttachment A - Applications\nFebruary 14, 2023

13. Confirmation of Nominations to Fill the Vacancies on the Planning\nCommission\na) Determine that the action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause it will not result in a physical change to the environment, directly or indirectly;\nand\nb) Confirm the nominations of Brady Barto, David Salene, Debbie Stevens, Ekta\nNaik, and Jonathan Langford to fill the two vacancies on the Planning Commission.\nStaff Report\nAttachment A - Applications\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED

3. Ordinance No. 2023-1: Zoning Code Amendment to Change the\nDevelopment Limit Specified for Bay Island from 23 Dwelling Units to 25\nMaximum Dwelling Units (PA2022-087)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15303 - Class 3 (New Construction or Conversion of Small\nStructures) of the CEQA Guidelines, because this project has no potential to have a\nsignificant effect on the environment; and\nb) Conduct second reading and adopt Ordinance No. 2023-1, An Ordinance of the\nCity Council of the City of Newport Beach, California, Approving Zoning Code\nAmendment No. CA2022-005 to Change the Development Limit Specified for Bay\nIsland from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087).\nStaff Report\nAttachment A - Ordinance No. 2023-1

4. Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling\nUnit Regulations to Implement Council Policy K-4 and to Comply with State\nLaw (PA2021-113)\na) Find this project statutorily exempt from the California Environmental Quality Act\n(CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the\nadoption of an ordinance regarding second units to implement the provisions of\nSections 65852.1 and 65852.2 of the Government Code are exempt from the\nrequirements of CEQA; and\nb) Conduct second reading and adopt Ordinance No. 2023-2, An Ordinance of the\nCity Council of the City of Newport Beach, California, Adopting Code Amendment\nNo. CA2021-005 Amending Section 20.48.200 (Accessory Dwelling Units) of the\nNewport Beach Municipal Code to Implement Council Policy K-4 (Reducing the\nBarriers to the Creation of Housing) and New State Law Requirements Related to\nAccessory Dwelling Units (PA2021-113).\nStaff Report\nAttachment A - Ordinance No. 2023-2\nFebruary 14, 2023\nRESOLUTIONS FOR ADOPTION

5. Resolution No. 2023-9: Adopting a Revised City Council Policy A-1 (City\nCouncil)\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Adopt Resolution No. 2023-9, A Resolution of the City Council of the City of\nNewport Beach, California, Adopting a Revised City Council Policy A-1 "City\nCouncil."\nStaff Report\nAttachment A - Resolution No. 2023-9\nAttachment B - Council Policy A-1 (redline)

6. Resolution No. 2023-10: Dissolving the Affordable Housing Task Force\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Adopt Resolution No. 2023-10, A Resolution of the City Council of the City of\nNewport Beach, California, Dissolving the Affordable Housing Task Force.\nStaff Report\nAttachment A - Resolution No. 2023-10\nCONTRACTS AND AGREEMENTS

7. Newport Beach Police Station Upstairs Restroom Remodel (Project No.\n22F02) - Notice of Completion for Contract No. 7900-2\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project;\nb) Authorize the City Clerk to release the Labor and Materials Bond 65 days after\nNotice of Completion has been recorded in accordance with applicable portions of\nthe Civil Code; and\nc) Release the Faithful Performance Bond one year after acceptance by the City\nCouncil.\nStaff Report\nFebruary 14, 2023

8. Concrete Replacement Program - Award of Contract No. 8921-1 (23R06)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301(c), Class 1 (maintenance of existing public facilities\ninvolving negligible or no expansion of use) of the CEQA Guidelines, because this\nproject has no potential to have a significant effect on the environment;\nb) Approve a Reimbursement Agreement with Newport-Mesa Unified School\nDistrict for concrete improvements adjacent to Corona del Mar High School and\nEnsign Intermediate School;\nc) Approve Budget Amendment No. 23-049 appropriating $102,850 in new revenue\nand expenditures from Newport Mesa Unified School District to 13501-980000-\n23R06;\nd) Approve the project plans and specifications;\ne) Award Contract No. 8921-1 to Towo Enterprise, Inc. for the bid price of\n$1,096,200 for the FY 2022-23 Concrete Replacement Program, and authorize the\nMayor and City Clerk to execute the contract; and\nf) Establish a contingency of $110,000 (approximately 10 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Budget Amendment\nAttachment B - Location Map\nAttachment C - Reimbursement Agreement

9. 2022-2023 Citywide Facilities Painting Project - Award of Contract No. 8940-1\n(23F02)\na) Find this Project exempt from the California Environmental Quality Act (CEQA)\npursuant to Section 15301 Class 1 (maintenance of existing facilities involving no\nexpansion or an existing use) of the CEQA Guidelines, California Code of\nRegulations, Title 14, Chapter 3, because this project has no potential to have a\nsignificant effect on the environment;\nb) Approve the project plans and specifications;\nc) Award Contract No. 8940-1 to Tony Painting for the bid price of $377,175 for the\n2022-2023 Citywide Facilities Painting Project, and authorize the Mayor and City\nClerk to execute the contract; and\nd) Establish a contingency of $56,325 (approximately 15 percent of total bid) to\ncover the cost of unforeseen work not included in the original contract.\nStaff Report\nAttachment A - Location Map\nFebruary 14, 2023